It is not uncommon for spouses to believe theirs is "community property" in just about any state, but the term is actually legally distinct in only a handful. To be specific, nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) have a special system of property ownership applicable to husbands and wives. These are "community property" states.

In community property states, as a general rule and unless the spouses have provided otherwise by agreement recognized by law, property acquired by either spouse after marriage, except property which either was obtained separately by gift or inheritance, or by purchase with his or her separate funds, is community property (or, in Wisconsin, "marital property").

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